Guardianship Attorney Mesa, AZ

Navigating Guardianship in Arizona: What You Need to Know

Knowing when to step into your loved one’s shoes and provide care to them can be overwhelming.

  • Is your loved one attending regular doctor appointments?
  • Do they require help with medication management?
  • Can they live safely alone?
  • Are you providing support and running into roadblocks?

You might require a legal intervention called guardianship.

At Copper Wren Law, we understand that seeking guardianship for a loved one can be an emotional and complex process.

Our mission is to guide you with compassion and clarity, ensuring that your loved ones are protected and cared for in the best way possible.

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  • When my father in law passed away, last year, my husband and I had no idea where to start. To make things harder we live in Iowa, so getting things started was that much harder. We were given Copper Wren's information. I called and spoke with Carly. She gave me information … More on the probate process and then we had a consultation on Google Meet. We met in person once we were able to get to Mesa. The whole team made feel comfortable and we knew we had made the right choice. We were able to finish the rest of the process with phone calls and emails. When we did have questions, Carly was prompt with responding. Carly is very knowledgeable with the probate process. I would use Copper Wren for all my estate planning needs, if I lived in Arizona.
    Avatar ★★★★★ Aug 2024 Susan Poplawski

Understanding Guardianship

Guardianship is a legal relationship established by the court in which a person (the guardian) is given the authority to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves due to incapacity.

This incapacity could be due to age, disability, or other reasons. In Arizona, the statutes governing guardianship are designed to protect the rights and well-being of the ward while providing the necessary support they need.

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Guardianship is a legal relationship to make decisions on behalf of another person.
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Types of Guardianship in Arizona

There are several types of guardianship available in Arizona, each tailored to different needs and circumstances:

  • Guardianship of a Minor: This type is often sought when parents are unable to care for their child due to illness, absence, or other reasons. The guardian assumes the parental role, making decisions regarding the child’s education, health care, and welfare.
  • Guardianship of an Adult: For adults who are incapacitated and unable to make decisions for themselves, a guardian is appointed to manage their personal and/or financial affairs. This is common for individuals with significant disabilities or elderly persons suffering from dementia.
  • Limited Guardianship: In some cases, the ward may only need assistance with certain aspects of their life. Limited guardianship allows the guardian to make decisions in specific areas while the ward retains their rights in other areas.
  • Emergency Guardianship: Sometimes, immediate action is required to protect an individual. Emergency guardianship can be granted quickly to address urgent needs, but it is typically temporary until a more permanent solution is established.

The Guardianship Process

Establishing guardianship in Arizona involves several steps:

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Step 1: Filing a Petition

The process begins with filing a petition in the appropriate court. This document outlines the reasons for seeking guardianship and provides detailed information about the proposed ward and guardian.

Step 2: Notifying Interested Parties

All interested parties, including family members and the proposed ward, must be notified of the petition. This ensures transparency and gives others the opportunity to voice their opinions.

Step 3: Court Investigation

The court may appoint an investigator to assess the situation and make recommendations. This step helps ensure that guardianship is in the best interest of the ward.

Step 4: Hearing

A court hearing will be held where the judge reviews the evidence and hears testimony from all parties involved. The judge then decides whether to grant guardianship and outlines the guardian’s responsibilities.

Step 5: Ongoing Oversight

Once guardianship is established, the guardian is required to provide regular reports to the court. This oversight ensures that the guardian is fulfilling their duties and the ward’s needs are being met.

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Client Testimonials

  • My brother had passed away and we needed a lawyer to help with his probate case. A coworker recommended Copper Wren Law group to me. From day one Carly was so kind and helpful. She helped guide me through … More the process and was always available when I had a question. She gave me regular updates on my case as it moved forward. I would highly recommend Copper Wren Law group to anyone that is looking for a good lawyer that is willing to work hard for them.
    Avatar ★★★★★ 9 months ago Lorie P
  • 10 stars..I needed help with an issue of my deceased husbsnds..Carly snd Elizabeth were so much help..in 1 day than other lawyers were in 6 yrs. I so highly recommend them..quick to act..and determined … More to have results for you..I so thank them for all they did..
    Avatar ★★★★★ 5 months ago gail
  • When my father in law passed away, last year, my husband and I had no idea where to start. To make things harder we live in Iowa, so getting things started was that much harder. We were given Copper Wren's … More information. I called and spoke with Carly. She gave me information on the probate process and then we had a consultation on Google Meet. We met in person once we were able to get to Mesa. The whole team made feel comfortable and we knew we had made the right choice. We were able to finish the rest of the process with phone calls and emails. When we did have questions, Carly was prompt with responding. Carly is very knowledgeable with the probate process. I would use Copper Wren for all my estate planning needs, if I lived in Arizona.
    Avatar ★★★★★ Aug 2024 Susan Poplawski

Your Partner in Guardianship

At Copper Wren Law, we recognize that every guardianship case is unique, with its own set of challenges and emotions.

Our team provides personalized, empathetic, and professional guidance through every step of the process. We work tirelessly to ensure that your loved one’s rights and well-being are safeguarded and that you feel supported throughout this journey.

Navigating guardianship can be daunting, but you don’t have to do it alone.

Trust in the experience and compassion of Copper Wren Law to help you secure the best possible future for those you care about most.

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Frequently Asked Questions About Guardianship in Mesa, AZ

Want answers to your specific Guardianship situation?

Schedule a Consultation to get direct answers for your unique family needs.

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A guardianship is a legal arrangement in which a court appoints a person (the guardian) to make decisions on behalf of another individual (the protected person or ward) who is unable to make decisions for themselves concerning their personal wellbeing due to incapacity, age, or disability. Guardianships are often established for minors without parents or for adults who are incapacitated and unable to make decisions regarding their personal wellbeing.

In Arizona, a guardianship grants the guardian authority to make personal decisions for the ward, such as healthcare, living arrangements, and daily care. A conservatorship, on the other hand, involves the management of the ward’s financial affairs and property. In some cases, the same person can be appointed as both guardian and conservator.

To establish a guardianship, a petition must be filed with the probate court, typically by a family member or concerned party. The court will hold a hearing to determine whether the proposed ward is incapacitated or in need of a guardian. Medical evaluations or reports may be required, and the court will assess whether the proposed guardian is suitable. If the court agrees, it will issue an order appointing the guardian.

Yes, guardianships can be contested, particularly if family members or others believe the appointment is not in the best interest of the ward. Interested parties can challenge the need for a guardianship, or the suitability of the proposed guardian, during the court process. Guardianships can also be terminated if the ward turns 18, regains capacity, if a better alternative guardian is found, or if the guardian is no longer able to fulfill their responsibilities.

A guardian is responsible for making decisions in the ward’s best interest, which may include:

  • Ensuring the ward receives appropriate medical care and treatment.
  • Deciding where the ward will live and ensuring their living conditions are safe.
  • Overseeing the ward’s education and social needs (for minors).
  • Managing the ward’s day-to-day needs, such as food, clothing, and personal care.
  • Reporting to the court periodically on the ward’s well-being and the actions taken as a guardian.